Southern District of New York • 1:25-cv-04828

#1

Jun 08, 2025

PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31202358)Document filed by Milton Misael Perez y Perez..(Musa-Obregon, S. Michael) (Entered: 06/08/2025)

#2

Jun 08, 2025

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST AMENDED PETITION amending 1 Petition for Writ of Habeas Corpus 2241 against Kristi Noem.Document filed by Milton Misael Perez y Perez. Related document: 1 Petition for Writ of Habeas Corpus. (Attachments: # 1 Exhibit Proof of Motion to Reopen Filed with the Board of Immigration Appeals January 2025, # 2 Exhibit Screenshot of ICE Inmate Locator Stating Location NY).(Musa-Obregon, S. Michael) Modified on 6/9/2025 (gp). (Entered: 06/08/2025)

#3

Jun 09, 2025

ORDER: Before the Court is Petitioner's Petition for Writ of Habeas Corpus and Motion for Temporary Restraining Order. ECF No. 1. It is hereby ORDERED that by June 10, 2025 at 5:00 p.m., Respondent must show cause why the Temporary Restraining Order prohibiting Petitioner from being transferred from the Southern District of New York should not be granted. By June 11, 2025 at 5:00 p.m., Petitioner shall file any reply. To the extent a hearing is needed, the Court will advise the parties of the date and time. Petitioner shall serve this Order on the United States Attorney for the Southern District of New York and file proof of service on the docket by 9:00 a.m. on June 10, 2025. To preserve the Court's jurisdiction pending a ruling in this matter, Petitioner shall not be removed from the United States unless and until the Court orders otherwise. As further set forth by this Order. It is further ORDERED that counsel for all parties appear for an initial conference with the Court on July 8, 2025 at 10:30 a.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. Counsel must confer in advance of the conference and submit a joint letter, no later than July 1, 2025, at 5:00 p.m., indicating whether the conference is necessary and addressing how the Court should handle the present Petition. If counsel do not believe a conference is required, and that briefing is appropriate, counsel should propose a briefing schedule (expedited or otherwise) in the joint letter. If counsel wish to adjourn the conference to a later date, counsel shall submit a request to reschedule pursuant to this Court's Individual Rules and Practices. All counsel are required to register promptly as filing users on ECF. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-dale-e-ho. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. If this case has been settled or otherwise terminated, counsel are not required to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the date of the conference, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19 & Appx A, available at http://nysd.uscourts.gov/ecf_filing.php. SO ORDERED. ( Replies due by 6/11/2025., Initial Conference set for 7/8/2025 at 10:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) Show Cause Response due by 6/10/2025. (Signed by Judge Dale E. Ho on 6/9/2025) (tg) (Entered: 06/09/2025)

Jun 09, 2025

Notice to Attorney Regarding Deficient Pleading

Jun 09, 2025

Notice to Attorney to Submit/File Civil Cover Sheet

Jun 09, 2025

Case Designated ECF. (gp)

Jun 09, 2025

Magistrate Judge Barbara C. Moses is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (gp)

Jun 09, 2025

***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney S. Michael Musa-Obregon. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (gp)

Jun 09, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(gp)

Jun 09, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney S. Michael Musa-Obregon re: Document No. 1 Petition for Writ of Habeas Corpus. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF (MISSING DEFENDANTS). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (gp)

Jun 09, 2025

Case Opening Initial Assignment Notice

Jun 09, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney S. Michael Musa-Obregon to RE-FILE Document No. 2 Amended Petition. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. The PDF is a duplicate of DOC #1. (gp)

#4

Jun 10, 2025

AFFIDAVIT OF SERVICE of Judges Order Dated 6/9/2025 served on US Attorney SDNY on 6-10-2025. Document filed by Milton Misael Perez y Perez..(Musa-Obregon, S. Michael) (Entered: 06/10/2025)

#5

Jun 10, 2025

AFFIDAVIT OF SERVICE of Judges Order Dated 6/9/2025 served on US Attorney SDNY on 6-10-2025. Document filed by Milton Misael Perez y Perez..(Musa-Obregon, S. Michael) (Entered: 06/10/2025)

#6

Jun 10, 2025

FILING ERROR - DEFICIENT PLEADING - PETITION FOR WRIT OF HABEAS CORPUS pursuant to 28 U.S.C. 2241. (Filing Fee $ 5.00, Receipt Number ANYSDC-31210526)Document filed by Milton Misael Perez y Perez. (Attachments: # 1 Exhibit Proof of Motion to Reopen Filed with the Board of Immigration Appeals January 2025, # 2 Exhibit Screenshot of ICE Inmate Locator Stating Location NY).(Musa-Obregon, S. Michael) Modified on 6/11/2025 (vf). (Entered: 06/10/2025)

#7

Jun 10, 2025

NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Ken Genalo, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Donald J Trump, US Department of Homeland Security..(Sun, Anthony) (Entered: 06/10/2025)

#8

Jun 10, 2025

OPPOSITION BRIEF re: 6 Petition for Writ of Habeas Corpus, 3 Order to Show Cause,,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,, 1 Petition for Writ of Habeas Corpus, 2 Amended Petition,, . Document filed by Ken Genalo, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Donald J Trump, US Department of Homeland Security..(Sun, Anthony) (Entered: 06/10/2025)

#9

Jun 10, 2025

DECLARATION of Gilbert Beriso in Opposition re: 6 Petition for Writ of Habeas Corpus, 3 Order to Show Cause,,,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,,,, 1 Petition for Writ of Habeas Corpus, 2 Amended Petition,,. Document filed by Ken Genalo, Immigration & Customs Enforcement, Todd M. Lyons, Kristi Noem, Donald J Trump, US Department of Homeland Security..(Sun, Anthony) (Entered: 06/10/2025)

#10

Jun 11, 2025

FIRST REPLY MEMORANDUM OF LAW in Support of Order to Show Cause. Document filed by Milton Misael Perez y Perez. (Attachments: # 1 Exhibit Certificate of Disposition - Dismissed Charge).(Musa-Obregon, S. Michael) (Entered: 06/11/2025)

Jun 11, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney S. Michael Musa-Obregon re: Document No. 6 Petition for Writ of Habeas Corpus,. The filing is deficient for the following reason(s): Court's leave has not been granted. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (vf)

Jun 11, 2025

Notice to Attorney Regarding Party Modification

Jun 11, 2025

Notice to Attorney Regarding Deficient Pleading

Jun 11, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney S. Michael Musa-Obregon. The party information for the following party/parties has been modified: Donald J Trump, Todd M. Lyons, Ken Genalo, Immigration and Customs Enforcement, U.S Department of Homeland Security. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf)

#11

Jun 12, 2025

ORDER: It is hereby ORDERED that the parties shall appear before the Honorable Dale E. Ho to discuss Petitioners application on June 12, 2025, at 4:00 p.m. in Courtroom 905 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. Respondents shall be prepared to address, inter alia, the availability of accommodations for Petitioner in the Southern District of New York (including the Metropolitan Detention Center) and in other districts in close proximity. Respondent s are further ORDERED not to transfer Petitioner from the Delaney Hall Detention Facility in Newark, NJ absent further order of this Court. See Ozturk v. Trump, No. 25 Civ. 374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioners t ransfer from Louisiana to Vermont), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025). SO ORDERED. (Signed by Judge Dale E. Ho on 6/12/2025) (Status Conference set for 6/12/2025 at 04:00 PM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Dale E. Ho.) (ar)

#12

Jun 12, 2025

ENDORSED LETTER addressed to Judge Dale E. Ho from S. Michael Musa-Obrego dated 6/12/2025 re: Request for emergency virtual conference. ENDORSEMENT: The Court is in receipt of the attached correspondence. (Signed by Judge Dale E. Ho on 6/12/2025) (ar) (Entered: 06/12/2025)

#13

Jun 12, 2025

CIVIL COVER SHEET filed..(Musa-Obregon, S. Michael) (Entered: 06/12/2025)

Jun 12, 2025

Status Conference

Jun 12, 2025

Minute Entry for proceedings held before Judge Dale E. Ho: Conference held on 6/12/2025. Attorney S. Michael Musa-Obregon present on behalf of the Petitioner. AUSAs Anthony Jan-Huan Sun and Jeffrey Oestericher present on behalf of the Respondents. Court reporter present. It is hereby ORDERED that Petitioner shall not be transferred from the Delaney Hall Detention Facility in Newark, NJ until space becomes available in the Southern District of New York, which Respondents represented at todays conference will happen as soon as June 14, 2025 or June 15, 2025. See Ozturk v. Trump, No. 25 Civ. 374, 2025 WL 1145250, at *15 (D. Vt. Apr. 18, 2025) (ordering petitioners transfer from Louisiana to Vermont due, in part, to her pending habeas petition), stay and mandamus denied, Ozturk v. Hyde, 136 F.4th 382, 403 (2d Cir. 2025). (nm)

#14

Jun 13, 2025

ORDER: As stated on the record, in light of the "equitable and flexible nature of habeas relief" and pursuant to the Court's authority under the All Writs Act, 28 U.S.C. § 1651, it is hereby ORDERED that Petitioner shall not b e transferred from the District of New Jersey until space becomes available in the Southern District of New York. As also stated on the record at the conference, it is further ORDERED that Petitioner shall submit any bail application to this Court b y June 20, 2025, with the Government submitting any reply by June 27, 2025. The parties are also ORDERED to submit a joint status letter no later than July 1, 2025, providing the parties proposed schedule for briefing on the merits of Petitioners pen ding habeas petition. Petitioners motion for a temporary restraining order, see ECF No. 6, is accordingly DENIED AS MOOT. The conference currently scheduled for July 8, 2025 at 10:30 A.M. is ADJOURNED SINE DINE.SO ORDERED. ( Motions due by 6/20/2025., Responses due by 6/27/2025) (Signed by Judge Dale E. Ho on 6/13/2025) (tg)

#15

Jun 13, 2025

Endorsed Letter

#16

Jul 01, 2025

Letter

#17

Jul 02, 2025

Memo Endorsement AND ~Util - Set Deadlines